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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you automatically loose your home by divorcing?

  • STlor
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20 May 12 #331712 by STlor
Topic started by STlor
My husband says we have to sell..before we proceed with solicitor..not sure that''s right???

  • MrsMathsisfun
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20 May 12 #331714 by MrsMathsisfun
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Hello and welcome.

What happens to the house will depend upon a lot of different factors.

If post more details e.g

ages of both parties
length of marriage,
no of children and their age
incomes of both parties,
amount of equity and mortgage on FH,
pensions
other assets.

It might be possible to give you a better picture of what might happen.

  • NoWhereToTurnl
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20 May 12 #331717 by NoWhereToTurnl
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The short answer is no you do not automatically loose the FMH.(former marital home)
If you post more information, wiki peeps will be able to give more advice. eg, length of marriage, ages, children, ages, employment, pensions, house size & value, joint savings to name a few, financial split is based on need of both parties.

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20 May 12 #331741 by STlor
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We are both 42
22 years in Sept
4 children...7..8..19..20.
me..no income..him...CD..
???
He''s throwing my mine and childrens stuff out of loft ..taking to tip..and told me no way am I keeping this house!!!

  • dukey
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20 May 12 #331744 by dukey
Reply from dukey
Only court can order sale of the home so its rubbish, in fact its unwise to sell before you have an agreement unless the proceeds will be held in escrow.

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20 May 12 #331745 by MrsMathsisfun
Reply from MrsMathsisfun
He sounds angry. Why are you separating?

How would you continue to maintain the house if you stayed there.

A court might agree a mesher order but only if you can afford to live in property possible with some spousal maintenance.

Spousal maintenance depends on the needs of the lower income party and the ability of the higher income party ability to pay.

Would need more financial details to see what would happen.

You need to look into what benefits you would be entitled too and how much cm he would have to pay and then start looking at your ability to maintain the FH.

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20 May 12 #331747 by dukey
Reply from dukey
It matters not what he thinks demands or does, only the law counts, the law is quite simple when it comes to dependent children, their needs almost always come first, they need a home.

Get a solicitor fast before it gets any worse than it already is.

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